AMBAR ALI Vs. EMPEROR

JUDGEMENT

(1.) In this case the four accused were put upon their trial in connexion with a charge of forgery. The instrument charged as forged is a kabuliat (Ex. 1) dated 21 September 1921, which purports to have been executed by Md. Sabdar the complainant and his brother Md. Malik recently deceased and to be a conveyance of one Malaem of five annas share of land near Malaem's house.

(2.) The first accused Ambar Ali was charged with forgery of the document, he being the scribe of the document. The other three accused Bidyananda Das, Har Mohan Das and Abdul Hakim were committed by the Magistrate on a charge of forgery but were charged before the Sessions Court with abetment of forgery under Section 467/109, I.P.C. These three accused purport to have been witnesses to the document.

(3.) The signature of Sabdar on the document purports to have been put by accused I as scribe. The signature "Md. Malik" in the document purports to have been written by Md. Malik himself.